Legal Opinion
Gardner v. Biggart
Supreme Court of South Carolina
Decided May 11, 1992No. 23653PublishedCited by 14 opinions
1Opinion of the Court
Chandler, Justice:
The South Carolina State Department of Education (Department) appeals an Order holding that the gross negligence
standard of the South Carolina Tort Claims Act 1 is inapplicable to this case.
We affirm.
FACTS
Respondent Larry Gardner (Gardner), while being transported home by a school bus, injured his knee when the bus suddenly “lurched forward.” He instituted this action alleging the bus driver’s negligence in causing the lurching. 2 At the close of evidence, Department moved for directed verdict contending that, under the Tort Claims Act, it was liable only for gross…
2Cases cited6 opinions
- McCall v. BatsonSupreme Court of South Carolina · 1985
- Truesdale v. South Carolina Highway DepartmentSupreme Court of South Carolina · 1975
- Johnson v. PrattSupreme Court of South Carolina · 1942
- Richardson Ex Rel. McDaniel v. HambrightSupreme Court of South Carolina · 1988
- Hay v. South Carolina Tax CommissionSupreme Court of South Carolina · 1979
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Gilstrap Ex Rel. Gilstrap v. South Carolina Budget & Control BoardSupreme Court of South Carolina · 1992
- Tilley v. Pacesetter Corp.Supreme Court of South Carolina · 1998
- Jackson v. Charleston County School DistrictSupreme Court of South Carolina · 1994
- Rice v. School Dist. of FairfieldCourt of Appeals of South Carolina · 1994
- Stewart v. Richland Memorial HospitalCourt of Appeals of South Carolina · 2002
9 more not listed; retrieve them via the Exa API.